Reform of the European Court of Human Rights

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Plenary bodies

Steering Committee for Human Rights (CDDH)

Committee of Experts on the Reform of the Court (DH-GDR)
 

Drafting Groups on the Reform of the Court

GT-GDR-A

GT-GDR-B

GT-GDR-C

GT-GDR-D

GT-GDR-E
GT-GDR-F
GT-GDR-G

 

High level Conferences

Brighton, 18-20/04/2012

Declaration
Proceedings
Background documents

Izmir, 26-27/04/2011

Declaration
Proceedings
Background documents

Interlaken, 18-19/02/2010

Declaration
Proceedings
Preparatory contributions
Background documents

Strasbourg, 25 October 2013
 

DH-GDR(2013)OJ005Rev

STEERING COMMITTEE FOR HUMAN RIGHTS
(CDDH)

______

COMMITTEE OF EXPERTS ON THE REFORM OF THE COURT
(DH-GDR)

______

5th meeting

Strasbourg

Tuesday 29 (9.30 a.m.) – Thursday 31 October 2013

(end of the meeting: 1 p.m.)

Agora, meeting room G03

______

DRAFT ANNOTATED AGENDA

_____

Item 1: Opening of the meeting, adoption of the agenda and of the order of business

General reference documents

- Draft annotated agenda

DH-GDR(2013)OJ005Rev

- Report of the 78th CDDH meeting (25-28 June 2013)

CDDH(2013)R78

- Report of the 77th CDDH meeting (19-22 March 2013)

CDDH(2013)R77

- Report of the 4th DH-GDR meeting (5-7 June 2013)

DH-GDR(2013)R4

- Report of the 3rd DH-GDR meeting (13-15 February 2013)

DH-GDR(2013)R3

- Decisions taken at the 122nnd session of the Committee of Ministers (23 May 2012)

CDDH(2012)008

- Ministers’ Deputies’ decisions on the follow-up to the 122nd session of the Committee of Ministers (Strasbourg, 23 May 2012)

CM/Del/Dec(2012)1145/1.6

- Interlaken Declaration

CDDH(2010)001

- Izmir Declaration

CDDH(2011)010

- Brighton Declaration

CDDH(2012)007

- Follow-up to the High-level Conference on the Future of the European Court of Human Rights (Brighton, 18-20 April 2012) (document prepared by the Secretariat)

CDDH(2012)009 REV.

    After the opening of the meeting by the Chairperson, Mr Vit SCHORM (Czech Republic), the Committee is invited to adopt the agenda and order of business.

Item 2: Work of Drafting Group “D” on the reform of the Court (GT-GDR-D) – results and follow-up

Reference document

- Steering Committee for Human Rights: decisions of the Ministers’ Deputies

CM/Del/Dec(2013)1178/4.2def

The Secretariat will provide information on the Committee of Ministers’ decisions on the three texts initially prepared by the GT-GDR-D, as well as on the further development and exploitation of the Guide to Good Practice in respect of domestic remedies and the Toolkit to inform public officials about the State’s obligations under the Convention.

Item 3: Work of Drafting Group “E” on the reform of the Court (GT-GDR-E)

Reference documents

- Report of the 2nd GT-GDR-E meeting (17-19 September 2013)

GT-GDR-E(2013)R2

- Report of the 1st GT-GDR-E meeting (22-24 May 2013)

GT-GDR-E(2013)R1

The Chairperson of the GT-GDR-E, Mr Morten RUUD (Norway), will present the Group’s work to the Committee.

3.1 Whether more effective measures are needed in respect of States that fail to implement Court judgments in a timely manner

Working document

- Draft CDDH report on whether more effective measures are needed in respect of States that fail to implement Court judgments in a timely manner

GT-GDR-E(2013)R2 Addendum I

Reference documents

- Compilation of contributions on the draft CDDH report on whether more effective measures are needed in respect of States that fail to implement Court judgements in a timely manner (submitted ahead of the 5th DH-GDR meeting)

DH-GDR(2013)017

- Compilation of comments on whether more effective measures are needed in respect of States that fail to implement Court judgments in a timely manner Court [prepared for the 2nd GT-GDR-E meeting]

GT-GDR-E(2013)009

- Programme of the exchange of views with representatives of civil society and other independent experts [and list of invited participants]

GT-GDR-E(2013)001
[Appendix]

- Memorandum on the Parliamentary Assembly’s proposal to introduce a system of financial sanctions or astreintes on states who fail to implement judgments of the Strasbourg Court

GT-GDR-E(2013)002

- Observations by ETUC to the GT-GDR-E on ‘execution of judgments’ (English only)

GT-GDR-E(2013)003

- Open Society Justice Initiative Briefing Paper on enhancing the supervision of execution of Court judgments

GT-GDR-E(2013)005

    - Proposals by A. Bultrini concerning supervision by the Committee of Ministers of execution of judgments

GT-GDR-E(2013)006

- CDDH report containing conclusions and possible proposals for action on ways to resolve the large numbers of applications arising from systemic issues identified by the Court

CDDH(2013)R78 Addendum III

- Measures to improve the execution of the judgments and decisions of the Court – Working document under discussion within the GT-REF.ECHR

GT-REF.ECHR(2013)2rev2

    The Committee is invited to examine and approve the draft CDDH report, as prepared by the GT-GDR-E.

3.2 Review of the functioning of the Advisory Panel of experts on candidates for election as judge to the European Court of Human Rights

Working document

- Draft CDDH report on the review of functioning of the Advisory Panel of experts on candidates for election as judge to the European Court of Human Rights

GT-GDR-E(2013)R2 Addendum II

Reference documents

- Compilation of contributions on the draft CDDH report on the review of the functioning of the Advisory Panel of Experts on candidates for election as judge to the European Court of Human Rights (submitted ahead of the 5th DH-GDR meeting)

DH-GDR(2013)018

- Compilation of comments on review of the functioning of the Advisory Panel of experts on candidates for election as judge to the Court [prepared for the 2nd GT-GDR-E meeting]

GT-GDR-E(2013)010

- Written contribution by the Advisory Panel

GT-GDR-E(2013)004Rev
(restricted)

- Statement made by Mr Klaas de Vries at the Standing Committee of the Parliamentary Assembly, 8 March 2013

GT-GDR-E(2013)008

- Supplementary Operating Rules of the Advisory Panel

GT-GDR-E(2013)016
(restricted)

- Committee of Ministers’ Resolution on the establishment of an Advisory Panel of experts on candidates for election as judge to the European Court of Human Rights

CM/Res(2010)26

- Ministers’ Deputies exchanges of views with Mr Luzius Wildhaber, Chairman of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights (4 April 2012 & 30 January 2013)

DH-GDR(2013)005

    The Committee is invited to examine and approve the draft CDDH report, as prepared by the GT-GDR-E.

3.3 Whether or not to proceed to amend the Convention to enable the appointment of additional judges to the Court

Working document

- Draft CDDH report on whether or not to proceed to amend the Convention to enable the appointment of additional judges to the Court

GT-GDR-E(2013)R2 Addendum III

Reference documents

- Comments on whether or not to proceed to amend the Convention to enable the appointment of additional judges to the Court

GT-GDR-E(2013)011

- Guaranteeing the authority and effectiveness of the European Convention on Human Rights (extracts from the report of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly, PACE doc. 12811, 31 January 2012)

GT-GDR-E(2013)007

- Intervention of the Court Registrar to the meeting of the ad hoc Working Party on Reform of the Human Rights Convention system (GT-REF.ECHR) on 9 July 2013 (English only)

GT-GDR-E(2013)012
(restricted)

- CDDH Final Report on measures requiring amendment of the European Convention on Human Rights/ CDDH Report on increasing the Court’s capacity to process applications

CDDH(2012)R74 Addendum I,
Appendix IV, Section 1

    The Committee is invited to examine and approve the draft CDDH report, as prepared by the GT-GDR-E.

Item 4: Future activities

4.1 Drafting Group “F” (GT-GDR-F) – Longer-term future of the Convention system and the Court

Reference documents

- Longer-term future of the Convention system and the Court: structures and working methods for the biennium 2014-2015 (document prepared by the Secretariat)

DH-GDR(2013)016

- Longer-term reform of the Convention system and Court: ‘open call for information, proposals and views’ (document prepared by the Secretariat)

DH-GDR(2013)019

- Committee of Ministers’ Resolution on intergovernmental committees and subordinate bodies, their terms of reference and working methods

CM/Res(2011)24

Para. 35.d) of the Brighton Declaration called for work on the longer-term future of the Convention system to take place “within existing structures, while securing the participation and advice of external experts as appropriate in order to provide a wide range of expertise and to facilitate the fullest possible analysis of the issues and possible solutions”.

At its 78th meeting (25-28 June 2013), the CDDH noted that the future Drafting Group GT-GDR-F, which will conduct preparatory work on the issue, would be of “hybrid composition, i.e. both national and external experts – not only academics but representatives of other key actors (e.g. the Court, the Parliamentary Assembly, national judges, and civil society and other representatives of applicants, such as lawyers’ associations). Work would nevertheless remain essentially inter-governmental and there should be more national experts than others in the drafting group”. The CDDH then requested the DH-GDR to make a specific proposal for the composition of this Group.

The CDDH also noted the “interest in the idea of holding an open call for information, proposals and views, for subsequent examination in the group”, and requested the DH-GDR to “give further consideration to whether and how such an exercise could be conducted”.

    The Committee is invited to (i) make proposals to the CDDH concerning structures for future work, in particular the composition of the GT-GDR-F; (ii) decide on methods for future work, in particular whether and, if so, how to conduct an open call for information, proposals and views; and (iii) give possible guidance for future work.

4.2 Drafting Group “G” (GT-GDR-G) – “Upgrading” certain provisions of the Rules of Court & the procedure for amendment of the Rules of Court

Reference document

- Committee of Ministers’ Resolution on intergovernmental committees and subordinate bodies, their terms of reference and working methods

CM/Res(2011)24

At its 78th meeting (25-28 June 2013), the CDDH “expressed its interest [in the issues of] the possible ‘upgrading’ of certain provisions of the Rules of Court and the procedure for amendment of the Rules of Court, … recalling in particular paragraph 12.c)iii) of the Brighton Declaration, [to] be taken forward in a separate drafting group (Group G)”.

It is expected that these issues will be included in the DH-GDR’s terms of reference for the biennium 2014-2015, with work initially to be prepared in an open-ended drafting group (GT-GDR-G), of which 7 members will have their participation expenses reimbursed from the budget of the Council of Europe.

      The Committee is invited to (i) elect these 7 members of the GT-GDR-G and (ii) give possible guidance for its future work.

Item 5: Other business

Item 6: Adoption of the conclusions and meeting report

Working document

- Draft report of the 5th DH-GDR meeting (29-31 October 2013)

DH-GDR(2012)R5

The Committee is invited to adopt the conclusions and meeting report.

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